Legal Question in Medical Malpractice in California

Misdiagnosed with Multiple Sclerosis

I was misdiagnosed after consulting with a neurologist on my suspicion that I had MS.The Doctor denied I had any symptoms of MS and reccommended a course of physical therapy. During my physical therapy treatments they advised me to go back to my doctor for further evaluation, and they could not understand why he sent for PT treatments, which were clearly not working for me. I returned back to the Dr who still denied I had MS. After pleading with him to do further tests, he did an MRI which confirmed I did in fact have MS. His manner toward me was rude and arrogant and he did not want to treat me anymore. I now have a new neurologist who could not believe my dilemna I had to go through. Do I have a case for negligence against this Doctor for failing to diagnose me with this very debiliating disease? The extent of my injuries etc is unknown due the serious affects this disease has. Any help in the above is greatly appreciated in advance.


Asked on 4/21/02, 2:16 pm

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: Misdiagnosed with Multiple Sclerosis

In order to recover from the doctor, you would need to prove 2 things: 1) that he failed to exercise reasonable care in diagnosing you; and 2) that his misdiagnose caused you injury.

Therefore, it would depend on whether the delay in getting a proper diagnosis has made your MS worse.

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Answered on 4/22/02, 12:51 pm


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